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Rahulnayak (admin)     07 November 2013

Value of affidavit

My brother had given me an affidavit(30 years back) saying that he does not want any shares in my house which has joint khata in my name and my father name.

Now my father has passed away.

Now he asking equal share in the house.



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 November 2013

What was the reason given in the affidavit for not claiming share ?  Anyways generally speaking, this is not a relinquishment deed and your brother can still claim his share. Consult a local lawyer with the actual document.

nandakumar (admin)     07 November 2013

Affidavit was given because my father and his brother has to done a partition deed. So they took affidavit from my brother.

Adv Archana Deshmukh (Practicing Advocate)     07 November 2013

It depends upon the contents and many other facts. The document needs to be looked into and many other details are needed. Generally the above reply holds good.

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